Failure to Obtain Guardian Consent for Psychotropic Medication
Penalty
Summary
The facility failed to obtain proper informed consent from the resident's legal guardian prior to administering psychotropic medications. The resident in question had a documented guardian, as indicated on the face sheet, but the facility allowed the resident to sign their own consent for Haloperidol and Lorazepam. The Assistant Director of Nursing, who oversees psychotropic medications, was unaware that the resident had a guardian and permitted the resident to sign the consent form. The guardian was not informed or asked for consent regarding the administration of these medications. The guardian later reported that the facility had started the resident on psychotropic medications without her knowledge or consent. When questioned, facility staff stated that the medications were necessary to manage the resident's behaviors. The facility's own policy requires that informed consent for psychotropic medications be obtained from the resident's guardian or authorized representative, not solely from the resident when a guardian is in place.